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If you are purchasing from a reputable developer they will be ensuring that they are getting it right. The last thing they will want to do is come back after they are finished to redo the work.
If you want to know before hand, try to seek the acoustic rating of the flooring being used. The Australian Acoustic Association has a good website that is very helpful with these types of matters.
It would be good to know that this comes out as a good news story and to know how they have got it right!
Ok guys, what is your position on a main shut of valve located within an apartment? Is this the OC or owners responsibility?
I agree, in my experience, if the sub main fuse box is located within the lot, then it is the lot owners responsibility.
Chesa,
I think the key question here is ‘is the pipe common property?’ if the pipe is in your backyard, and depending on the definition of the stratum of your lot on the strata plan, this pipe could be your property (by the description you have given so far, I’ld be guessing that it’s not common property). However if it was a burst supply pipe, it is likely to be covered by the OC’s insurance. The oc’s insurance is not likely to cover the claim for the perceived higher electricity consumption cost, and the tenant would need to be able to evidence that there was actually higher consumption.
Good luck
The simple issue that you have is determining what is a breach and what isn’t. It’s not always clear cut, eg ‘behaving offensively’ or disturbing the peace.
Take for example a resident in a unit providing piano lessons. Some people could find this annoying but others may find it excellent.. What if one resident finds this a breach of the by-laws, while the EC have an appreciation for classical music?
Why should all owners contribute towards one persons fight with a neighbor that they find to be too noisy?
The process for an individual to take an issue to Fair Trading is the same as an owners corporation taking it to there. Why have a battle with the EC to enforce the by-laws instead of getting on and having your issue addressed? Seems a bit futile to encourage this approach
Hi Wade,
I suggest calling Energy Australia and confirming what their issue with access is. It may be just that the meter reader guy couldn’t be bothered to follow the access instructions. In general access to the meter board is actually quite simple.
The alternative can be that you just gain access via a licensed electrician and read the meter and advise Energy Australia.
Hi Struggler,
All this means is that the owners of the lot own the courtyard also, but the airspace of the courtyard only extends to 1 meter below the surface (you own up to 1 meter below the ground and anything in it) and 3 meters above, except where covered.
So if there is a tree in your courtyard, you one the bit that extends down 1 meter into the ground, and then the bit that is 3 meters high, anything above this is the OC’s responsibility.
This is all in simple terms, hope this helps.
Jacorbeffect,
If you can get together with owners representing 25% of units of entitlement you could requisition an EGM to consider the particular motions to get on with getting this done. If the ec don’t convene the meeting then you can move forward on seeking an order etc.
Choux flat,
In NSW you are lucky enough to actually be able to take your own action through Fair Trading to have the by-laws enforced.
Ultimately you do not want an owners corporation having to enforce all perceived by-law issues all of the time (especially in a large building), otherwise you will be engaging someone on a full time basis to police the building etc… (yes a bit extreme but where do you draw the line).
Owners that have an issue with their noisy, smoking neighbour that is only impacting on them, should get out there and take steps to deal with this, take ownership for the problem affecting you.
Hi All,
Could I suggest that if this is occurring and you are concerned by it, get involved and sort it out. A simple start is getting elected as the treasurer. As the treasurer you should be able to get monthly financial reporting from your strata manager (or real time accounting on any given day). Ask for a copy of the budget and chart of accounts. Request that all invoices (either contractual works, eg, cleaning, gardening, electricity, water etc, or the invoices for repairs/maintenance, those irregular accounts). Once you have these you can than code the invoices as you require. Your strata manager should be happy enough to allow this to occur.
The big issue I see is the payment of repair invoices out of the admin fund… Which if you look at the strictest interpretation of the act, is not how it was intended…
Strata accounting is typically (or should be) some of the simplest accounting!
I must agree with Jimmy on this, maybe a note to the effect of ‘touch our clothes again and you will be reported to the Police’ could be a bit strong but will shake things up a bit.
You have to ask the question, what is the difference leaving washing out overnight? It is not causing any harm to anyone other than the person who left it out there as it is likely to be damp again in the morning…
This is a bit of an outdated perspective on things.
Jerryvoc,
1st question to ask is when was the strata plan registered for the building that you are in. 2nd question to ask is whether the balcony door is yours already.
In strata plans that were registered under the original Strata Act, in the 1960’s, the balcony door wall window structure is not common property as such. In the 1973 act, it depends on how the strata plan was drawn as to whether it is or isn’t common property.
I would have to suggest that if you are looking at replacing the door you would want to make sure that the sealing of this structure is done correctly and or that you get the correct warranties from the contractors on completing the work.
If the door is common property the correct process would involve getting approval by a special resolution and exclusive use by-law.
Simple solution, the EC should look at how they can limit access to the area durring the period that the work will be done.
Owners should keep in mind that if the contractors can’t access the area to do the work on any particular day, this could invoke the ‘variation’ clause in the works contract which could result in a higher cost for owners in the end.
The long and short, for the short period that the work is being done owners and residents should not park on the common property.
Sorry, to answer the main question, I understand that under the local government act there are limitations on being able to tow a vehicle.
Jetski,
As Easty has indicated, your strata manager is correct in suggesting that the OC should pass a by-law etc.
As per s65A of the act the OC must pass a special resolution at a general meeting prior to doing the alteration, and should pass and register a by-law defining who is responsible for repairs and maintenance (typically an exclusive use by-law under s52).
The issue that you have is that while the current owners may agree with the individuals using the gas supply being responsible, unless you have the exclusive use by-law, a new owner would be within their rights to argue it’s common property and therefore the OC’s responsibility to maintain.
Interestingly at my block at home (8 units) we replaced the gravity feed hot water with 2 reticulating gas units. Total project cost for the plumbing and new hot water units was about $20k (compared with $40k for 8 new hot water tanks). As it is a multiple dwelling property Jemena was seeking that we installed the fancy metering system so that all apartments usage would be separately metered… They quoted $15,000 for this (involved installing 9 meters and a phone line etc)… The obvious response was no thanks, we will have one meter ($500).
Hi Duffstuff,
You may wish to confirm with your solicitor/conveyancer as to the exact particulars for this property, but ordinarily you will only pay levies to the strata scheme, the strata scheme as part of it’s budget will include contributions to the community scheme. You will need to look at the community management statement and the budget for the community to determine a. If the pool is community property and b. If the community is paying for the maintenance of the pool.
Hope this helps
Yes, per s75A of the act all strata schemes need to prepare a 10 year sinking fund plan, finalizing it by the second AGM and updating it within 5 years.
The reason for a 15 year plan is that there will be items of expenditure not showing within the 10 year period, that the consultants will be recommending putting money away for as the anticipated life span of particular items is greater than 10 years.
This change in legislation came into play a bit over 5 years ago and is in an effort to avoid having those OC’s that keep their levies low and then some stage in the future, the poor suckers that own, have to raise a special levy to fix the problems of the past. Only problem is the act doesn’t require an OC to strike levies in accordance with the sinking fund forecast.